Antony Vijay v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5899 of 2022 ANTONY VIJAY [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KOLATHUR POLICE STATION, CHENNAI.

CRIME NO.83/2022.

For Petitioner : M/S.D.CHARLES MUTHUSHANTHAN Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 448, 294 (b), 323, 506(i) of IPC and 4 of Women Harassment Act, in Crime No.83 of 2022, on the file of the respondent police, seek anticipatory bail.

2. There was a quarrel between the petitioner and the defacto complainant leading to the filing of this complaint alleging that the petitioner herein trespassed into the house of the defacto complainant and assaulted the defacto complainant's wife with hands. In the FIR it states that defcto complainant's son Jithesh who is aged about 14, who took the photograph of the alleged occurrence through cell phone.

3. Considering the averments made in the FIR and the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

4. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned XIII Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c) the petitioner shall report before the Investigation Officer as and when required for an interrogation;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 15/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE METROPOLITAN MAGISTRATE, NO.XIII, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KOLATHUR POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.D.CHARLES MUTHUSHANTHAN Advocate on payment of necessary charges SR.NO. 3972 CRL OP.5899/2022 Date :15/03/2022 RW 21/03/2022